LALA @ BAL KISHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and learned A.G.A. for the State.

(2.) THE Appellant, Lala @ Bal Kishan, upon being convicted for the offence punishable under Section 20(B)(II) of N.D.P.S. Act (hereinafter referred to as the Act) and sentenced to undergo ten years rigorous imprisonment and fine of Rs. 1,00,000/ - with default stipulation is seeking enlargement on bail during the pendency of this appeal.

(3.) AFTER having very carefully considered the contentions advanced on behalf of the Appellant and perused the impugned judgment as well as the record of the Sessions Trial No. 38 of 2009, (State v. Lala @ Bal Kishan) under Section 18/20 of the Act, I am of the view that prima facie there is no reasonable ground for believing that the Appellant has committed the offence for which he has been convicted. There is also no material on record which may indicate that if the Appellant is enlarged on bail by this Court he will commit any other offence while on bail. In this view of the matter the Appellant is entitled to be released on bail during the pendency of this appeal.